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SEVENTEENTH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES )

Second Regular S e s s i o ^SENATE

S. B. No.

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Introduced by SENATOR FRANKLIN M. DRILON

AN ACTLOWERING THE AGE OF CRIM INAL RESPONSIBILITY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS THE "JUVENILE JUSTICE AND WELFARE ACT OF 2006", AS AMENDED

EXPLANATORY NOTE

Opinions on the subject of the minimum age of criminal responsibility ("MACR") continue to divide the nation. While the proposal to amend the MACR draws sharp criticism from some, public opinion strongly favors criminal reform since the policy of treating minors as incapable of committing crimes no longer necessarily reflects modern sensibilities. In fact, there remains no global consensus as to the minimum age at which a person may be charged with and convicted of a criminal offense.

Notwithstanding a United Nations Committee on the Rights of the Child's recommendation of an "absolute minimum" age of 12 for criminal responsibility, several countries' MACR remain well below the threshold. Scotland can hand out criminal convictions to eight-year-olds. In the rest of the United Kingdom, ten-year- olds can be tried for a crime. This British colonial legacy is also apparent in the relatively low MACRs seen in South Africa, Australia and New Zealand. Similarly, Nigeria, India, Pakistan and Bangladesh are among the 21 countries that set a MACR of seven years oid, the lowest national age globally.

While we believe that the proper way to deal with youth offenders inciudes their rehabilitation and reintegration as productive members of society, we must baiance this with the need to inspire public confidence that the youth justice system wiil deal with offenders not only justly but also effectively. The proposed amendment will provide our justice system the necessary flexibility to deal with young offenders without necessarily foreclosing the opportunity for care and reintegration.

In view of the foregoing, the passage of this bili is sought.

FRAN (LIN M. DRILON

SEVENTEENTH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES )Second Regular Session )

i n .l,.:r

S E N A T E

S.B. No.T7 OCTn pr.00

Introduced by Senator FRANKLIN M. DRILQN Kl

AN ACTLOWERING THE AGE OF CRIM INAL RESPONSIBILITY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344, OTHERWISE KNOWN AS THE "JUVENILE JUSTICE AND WELFARE ACT OF 2006", AS AMENDED

Be i t enacted by the Senate and House o f Representatives o f the Repubiic o f the Phiiippine in Congress assembied:

1 Section 1. Section 6 of Republic Act No. 9344, as amended, is hereby further

2 amended to read as follows:

3 "SEC. 6. Minimum Age o f Criminai Responsibiiity. - A child [fifteen

4 (15)] UNDER TWELVE (1 2 ) years of age [or under] at the time of the

5 commission of the offense shall be exempt from criminal liability. However,

6 the child shall be subjected to an intervention program pursuant to Section 20

7 of this Act.

8 "A child is deemed to be [fifteen (15)] TWELVE years of age on the

9 day of the [fifteenth] TWELFTH anniversary of his/her birthdate.

10 "A child [above fifteen (15)] TWELVE years OF AGE but below

11 [eighteen (18)] FIFTEEN (1 5 ) years of age shall likewise be exempt from

12 criminal liability [and] BUT SHALL be subjected to an intervention program,

13 unless he/she has acted with discernment, in which case, such child shall be

14 subjected to the appropriate proceedings in accordance with this Act.

15 "The exemption from criminal liability herein established does not

16 include exemption from civil liability, which shall be enforced in accordance

17 with existing laws."

18 Sec. 2. Sections 20 of Republic Act No. 9344, as amended, is hereby further

19 amended to read as follows:

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"SEC. 20. Children Below the Age o f Criminal Responsibility. - I f it has

been determined that the child taken into custody is [fifteen (15)] UNDER

TWELVE (1 2 ) years OF AGE [old or below], the authority which will have an

initial contact with the child, in consultation with the local social welfare and

development officer, has the duty to immediately release the child to the

custody of [his/her parents or guardian, or in the absence thereof, the child's

nearest relative] THE LOCAL SOCIAL WELFARE AND DEVELOPMENT

OFFICER. The child shall be subjected to a community-based intervention

program supervised by the local social welfare and development officer,

unless the best interest of the child requires the referral of the child to a

youth care facility or "Bahay Pag-asa" managed by LGUs or licensed and/or

accredited NGOs monitored by the DSWD.

"[The local social welfare and development officer shall determine the

appropriate programs for the child who has been released, in consultation

with the child and the person having custody over the child. I f the parents,

guardians or nearest relatives cannot be located, or if they refuse to take

custody, the child may be released to any of the following:]

"[(a ) A duly registered nongovernmental or religious organization;]

" [(b ) A barangay official or a member of the Barangay Council for the

Protection of Children (BCPC);]

"[(c ) A local social welfare and development officer; or, when and

where appropriate, the DSWD.]

" I f the child has been found by the local social welfare and

development officer to be dependent, abandoned, neglected or abused by

his/her parents and the best interest of the child requires that he/she be

placed in a youth care facility or "Bahay Pag-asa", the child's parents or

guardians shall execute a written authorization for the voluntary commitment

of the child: Provided, That if the child has no parents or guardians or if they

refuse or fail to execute the written authorization for voluntary commitment,

the proper petition for involuntary commitment shall be immediately filed by

the DSWD or the Local Social Welfare and Development Office (LSWDO)

pursuant to Presidential Decree No. 603, as amended, otherwise known as

1 "The Child and Youth Welfare Code" and the Supreme Court rule on

2 commitment of children: Provided, further, That the minimum age for children

3 committed to a youth care facility or "Bahay Pag-asa" shall be [twelve (12)]

4 NINE years old."

5 Sec. 3. Section 20-A of Republic Act No. 9344, as amended, is hereby further

6 amended to read as follows:

7 "SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt

8 From Criminal Responsibility. - A child who is above [twelve (12)] NINE

9 years of age [up to fifteen (15)] BUT UNDER TWELVE (1 2 ) years of age

10 and who commits parricide, murder, infanticide, kidnapping and serious illegal

11 detention where the victim is killed or raped, robbery, with homicide or rape,

12 destructive arson, rape, or carnapping where the driver or occupant is killed

13 or raped or offenses under Republic Act No. 9165 (Comprehensive Dangerous

14 Drugs Act of 2002) punishable by more than twelve (12) years of

15 imprisonment, shall be deemed a neglected child under Presidential Decree

16 No. 603, as amended, and shall be mandatorily placed in a special facility

17 within the youth care faculty or "Bahay Pag-asa" called the Intensive Juvenile

18 Intervention and Support Center (IJISC).

19 "In accordance with existing laws, rules, procedures and guidelines,

20 the proper petition for involuntary commitment and placement under the

21 IJISC shall be filed by the local social welfare and development officer of the

22 LGU where the offense was committed, or by the DSWD social worker in the

23 local social welfare and development officer's absence, within twenty-four

24 (24) hours from the time of the receipt of a report on the alleged commission

25 of said child. The court, where the petition for involuntary commitment has

26 been filed shall decide on the petition within seventy-two (72) hours from the

27 time the said petition has been filed by the DSWD/LSWDO. The court will

28 determine the initial period of placement of the child within the IJISC which

29 shall not be less than one (1) year. The multi-disciplinar/ team of the IJISC

30 will submit to the court a case study and progress report, to include a

31 psychiatric evaluation report and recommend the reintegration of the child to

32 his/her family or the extension of the placement under the IJISC. The multi-

1 disciplinary team will also submit a report to the court on the services

2 extended to the parents and family of the child and the compliance of the

3 parents in the intervention program. The court will decide whether the child

4 has successfully completed the center-based intervention program and is

5 already prepared to be reintegrated with his/her family or if there is a need

6 for the continuation of the center-based rehabilitation of the child. The court

7 will determine the next period of assessment or hearing on the commitment

8 of the child."

9 Sec. 4. Section 20-B of Republic Act No. 9344, as amended, is hereby further

10 amended to read as follows:

11 "SEC. 20-B. Repetition o f Offenses. - A child [who is] above [twelve

12 (12)] NINE years of age [up to fifteen (15)] BUT UNDER TWELVE (1 2 )

13 years [o f age] OLD [and] who commits an offense for the second time or

14 oftener[: Provided, That the child] AND WHO was previously subjected to a

15 community-based intervention program, shall be deemed a neglected child

16 under Presidential Decree No. 603, as amended, and shall undergo an

17 intensive intervention program supervised by the local social welfare and

18 development office r[:]. [Provided, further. That, if the best interest of the

19 child requires that he/she] THE CHILD SHALL be placed in a youth care

20 facility or "Bahay Pag-asa"[, the child's parents or guardians shall execute a

21 written authorization for the voluntary commitment of the child: Provided,

22 finally. That if the child has no parents or guardians or if they refuse or fail to

23 execute the written authorization for voluntary commitment,] UPON THE

24 FILING OF the proper petition for involuntary commitment [shall be

25 immediately Hied] by the DSWD or the LSWDO pursuant to Presidential

26 Decree No. 603, as amended."

27 Sec. 5. Section 22 of Republic Act No. 9344, as amended, is hereby further

28 amended to read as follows:

29 "SEC. 22. Duties During In itia l Investigation. - The law enforcement

30 officer shall, in his/her investigation, determine where the case involving the

31 child in conflict with the law should be referred.

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"The taking of the statement of the child shall be conducted in the

presence of the following: (1) child's counsel of choice or in the absence

thereof, a lawyer from the Public Attorney's Office; (2) the child's parents,

guardian, or nearest relative, as the case may be; and (3) the local social

welfare and development officer. In the absence of the child's parents,

guardian, or nearest relative, and the local social welfare and development

officer, the investigation shall be conducted in the presence of a

representative of an NGO, religious group, or member of the BCPC.

"The social worker shall conduct an initial assessment to determine the

appropriate interventions and whether the child acted with discernment, using

the discernment assessment tools developed by the DSWD. The initial

assessment shall be without prejudice to the preparation of a more

comprehensive case study report. The local social worker shall do either of

the following:

"(a) Proceed in accordance with Section 20 if the child is [fifteen (15)]

UNDER TWELVE years OF AGE [o r below] or [above fifteen (15)]

TWELVE (1 2 ) but below [eighteen (18)] FIFTEEN (1 5 ) years old,

who acted without discernment; and

"(b) I f the child is [above fifteen (15)] TWELVE years old but below

[eighteen (18)] FIFTEEN and who acted with discernment, proceed to

diversion under the following chapter."

Sec. 6. Implementing Rules and Regulations. - The Juvenile Justice and

Welfare Council (JJWC) shall within thirty (30) days from the effectivity of this Act

promulgate the necessary rules and regulations to effectively implement the

provisions of this Act.

Sec. 7. Separability Clause. - I f any portion or provision of this Act is declared

unconstitutional, the remainder of this Act not affected thereby shall remain in force

and effect.

Sec. 8. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, rule or regulation inconsistent with the

provisions of this Act is hereby repealed or modified accordingly.

1 Sec. 9. Effectivity Clause. - This Act shall take effect after fifteen (15) days

2 from the date of its publication in the Official Gazette or a newspaper of general

3 circulation.

Approved.